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Employment Law Blog

Johnson v. Halstead, No. 17-10223 (5th Cir. Dec. 19, 2018)

A reminder from the Fifth Circuit: a shift transfer can be a materially adverse action for retaliation purposes. "[A] retaliatory shift change that places a substantial burden on the plaintiff, such as significant interference with outside responsibilities or drastically and...

Biel v. St. James School, No. 17-55180 (9th Cir. Dec. 17, 2018)

The Ninth Circuit, substantially parting with the reasoning of the Seventh, holds (2-1) that a fifth-grade parochial school teacher did not fall within the ministerial exception articulated in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012)....